Hyde v. State
Texas Supreme Court
Appeal from Harris. Tried before the Hon. Peter W. Gray. Indictment presented June 14th, 1855, for murder of Charles Butler. Returned, defendant arrested same day. Tried at Fall Term, 1855, and convicted.
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Appeal from Harris. Tried before the Hon. Peter W. Gray. Indictment presented June 14th, 1855, for murder of Charles Butler. Returned, defendant arrested same day. Tried at Fall Term, 1855, and convicted. There was a bill of exceptions to the ruling of the Court on an application for a continuance, as follows : Be it remembered, &c., the defendant moved the Court to grant him a second continuance, and in support thereof his affidavit marked A : That he cannot go safely to trial at this Term, for the want of testimony material to the ease, and that he has used due diligence to procure the same…
1Opinion of the CourtWheeler, J.
The rules governing applications for the con*453tinuance of causes, are, in general, the same both in civil and criminal cases. (Rex v. D’Eon, 1 W. Bl. 515, 3 Burr. 1415 ; State v. Lewis, 1 Bay, 1, 2 ; The People v. Vermilyea, 7 Cow. 369.) The statutory provisions on the subject do not seem to be materially variant. (Hart. Dig. Art. 815 ; Laws 5th Legis. p. 72, Sec. 85.) “The rule,” (said Sutherland, J., in The People v. Vermilyea, 7 Cow. 390,) “is substantially the same “ in civil and criminal cases ; though in the latter, the author- “ ities all agree that the matter is to be scanned more…
2Cases cited4 opinions
- People v. VermilyeaNew York Supreme Court · 1827
- Owens v. StarrCourt of Appeals of Kentucky · 1822
- Hooker v. RogersNew York Supreme Court · 1827
- AnonymousU.S. Circuit Court for the District of Connecticut · 1809
3Cited by25 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- Pittman v. StateCourt of Criminal Appeals of Texas · 1968
- Village Mills Co. v. Houston Oil Co.Court of Appeals of Texas · 1916
- McMahan v. BusbyTexas Supreme Court · 1867
- Finch v. TrentCourt of Appeals of Texas · 1893
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